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Home My WebLink About01-2840 FX ~\FILES\DATAFILE\Geudoc:.cur\130.ptml/cny Created: IflO/033:27:08PM Revised: 1/10/033:58:13 PM 9500.130 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :28'(t} NO, 01-~ CIVIL ACTION - LAW BETZI A. MORRISON, Plaintiff GIANT FOOD STORES, INC. and FALK US PROPERTY INCOME FUND, Defendants JURY TRIAL OF TWELVE DEMANDED PRE-TRiAL MEMORANDUM OF DEFENDANTS Statements of Facts as to Liabilitv 1. On or about May 3,1999, Plaintiff Betzi A. Morrison slipped and fell in the Giant Food Store, There is some discrepancy in the testimony of the witnesses whether there was any foreign substance on the floor. Basic Facts as to Damal!es 2. Plaintiff fractured her right hip in the fall. The medical expenses were covered by Blue Cross and Blue Shield for which there is a lien of just over $12,000,00, Plaintiff has also asserted a wage loss of approximately $2,400,00. Statement of Principal Issues of Liabilitv and Damal!es 3a. Whether Defendant had actual or constructive notice of an unreasonably dangerous condition, Summarv of Lel!al Issues Rel!ardinl! the Admissibilitv of Testimonv Exhibits or Anv Other Material 4. Defendant is willing to stipulate to the authenticity of any medical records without the need of calling any medical records custodians, Witnesses 1. Luu Dang - customer operations manager who completed the Customer Accident Report which is hereby attached as Exhibit "A" and took the photographs attached as Exhibit "B," ~.:,,;y. -'~'::'''- " " -r .' ~'" ~ " T- , ~~- ~ .T ''''", 2. Plaintiff on cross-examination 3, Nora I. Shearer 4. Jean Rice 5. Mary Jane Hurrell List of Exhibits with Brief Identification of Each 1. Customer Accident Report 2. Photographs of the scene 3, Store Floor Inspection Worksheet attached hereto as Exhibit "C" 4. Medical records from: a, Dr. Richard Hallock b. Dr. William Phelan c. Dr. Allan Mira 5. Floor plan of the Store Settlement Nel!otiations No offer or demand has been made. MARTS ON DEARDORF WILLIAMS & OTTO By George . Faller, Jr, I. D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 10, 2003 Attorneys for Defendants "1,.", ~ ,'_".1',;,.'"7.._"'_' "1 I' ",-, '-'j "I ", ~- ~ ~Jl" ".~''''''''''' BETZI A. MORRiSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2849- CIVIL TERM GIANT FOOD STORES, INC, and FALK US PROPERTY INCOME FUND Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S PRE-TRIAL MEMORANDUM I. STATEMENT OF THE CASE: At approximately 12:15 p.m. on May 13, 1999, Plaintiff, Betzi A. Morrison was shopping at the Giant Food Store located at 255 South Spring Garden Street, Carlisle, Pennsylvania, ,The Plaintiff entered the store and as she was walking around the end of the isle near the Bucks County Coffee St(lIld, she slipped and fell breaking her right hip. The Plaintiff fell on an area of the floor containing significant moisture upon it. II, STATEMENT OF DAMAGES: The impact of the accident was severe and Plaintiff, Betzi A. Morrison, was hospitalized with injuries to her right hip. The Plaintiff continues to experience pain in her right hip associated with her injury. The Plaintiff has developed permanent bursitis and complications from the scar tissues of the injury. There is a Blue Cross and Blue Shield lien of over $12,000.00 and wage loss of Plaintiff in the amount of $2,400,00 III. STATEMENT OF THE ISSUES: The Defendants were negligent in that they breached their duty of care to the Plaintiff, Betzi A. Morrison to provide a safe floor on which to walk. 1 -:~~"_'-"~"'Y' '''e~'''~ ,- .'.,0- k~ IV, WITNESSES: L The plaintiff, Betzi A. Morrison 2, Nora I. Shearer 3. Jean Rice 4. Mary Jane Hurrell 5. Giant Food Store Manager on cross examination 6. Other Giant Food Store employees 7. Shirley J, Patton, an ex-Giant Food Store employee 8. Dr. Mira by Deposition V. LIST OF EXHIBITS: a. Medical Records from Dr. Richard Hallock b. Medical Records of Dr. Allan Mira c, Medical Records of Dr. William Phelan VI. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS: Currently the Defendants have not offered ariy compensation. VII, SCHEDULING OF TRiAL: The Plaintiff suggests that this case be tried at the March term of Court beginning March 10, 2003, in order to complete the discovery in this case. Respectfully submitted, January 14, 2003 Marcu A. McKni 60 We t Pornfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Plaintiff, Betzi A. Morrison 2 ,'!'l! lurWl. . ,,", ^ ,~_ ,~, '~" I':" ,- , .-,- -- - " - ,--,. I I , , BETZI A. MORRISON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2849- CIVIL TERM GIANT FOOD STORES, INC. and FALK US PROPERTY INCOME FUND: Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certifY that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: George B. Faller, Jr., Esq. . MARTS ON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 By: Mareu A. Me i t, III, Esquire 60 West Pomfret Street Carlisle, P A 17013 (717) 249-2353 Supreme Court LD. No. 25476 Date: January 14, 2003 3 O.Vl!-", 1-7 ," - ".",...,...- ~- - ~--~ 05/17/2001 14:42 FAX 141002 5-l7-0' ~ , :o5PMlCla~~ MAC/STEPH OI~~CT i11~Z4076a5 7554 . ,..... 5 ~ I'OODSTClIlES.INC. OI'DATOIlIIOP. . WW.....~toODSTOIlllt GIANT moolmlllllSAND MAIlTIN'llfOOD~ l'OSTOmcE 1lOX20 CARI.ISLF.. PA17013 #GL qqOlIJ8fO CUSTOMER INCIDENT Iq:PQR:f Report ~rJT5 Time lDciilent 0 AM .eus-'S ~ption of1~de"t and iDjury or damage: Ih DidM If $0 .wat \WS the si2e afthe Did the CUSlOIIlCr acIwowl seeiD 1he s . to tbe incidmt? Y I N REPORTIID BY: ll11.B: Manager . Was 1heJ:e visible debris on 1llc ClISIOIIle<'s What ? or No DATE REPORTED: - NPO - Groc. Mg!'. . 4 (Cirl:1e 0Im) rormtl900 Rev. 01/97 (FM\9OlI) Exhibit "An ';"~l"l'. ~,~ _" "..' ,,', 'r" I" " I --, .,~< ~ ,- . , ' f."fT"', '-.. -,')' '.lie.'" ( .11_1. " ,I '.,i ~,.,- , ..... (... 1:1 (11 (' '~-.~'" - '~.._,-' I '. <: /1;>)) 't 01 . (' , _.~ I I.> .,.1 . i\..... l-~"')( t. I N\ \) { ( I~~ T;v) " I 1 ,',' lie q, ''', ',' '~ ",1' '. _ f) _(J 't -.... '..t 'j rcl ,'- ~:') - 1_' (.(.t) ., ,~,t.:, .,.. _ ", ~,. . , (;. l /c', C.c.: >~ i C,J RECEIVED MAY 'I 9 1999 . "1\" Exhl.bn .' IlISK MAIlAC"MEIlT DEPT. ,o,'~ 05/17/2001 14:42 F~l 141 004 5-17-01; 1 :OEj;>M;(3ll:ln1:" WED ""-.~4 PM GJAHT#12 I'1AY-I9'-99 ..co MAC/$T5;PI-1 Dl ~E:CT ,7172407SgS;; :243: aBle 755... #. 3/ 5 p~ B1. ~)~ r tlvo-i6 r S- STORE FLOOR INSPECI'ION WORKSHEET - ,- ~~RE# fJ?--- WEEKENDING S'-J ,~ 9J AM 1:00 2:00 3:00 4:00 S;OO 6:00 7:00 8:00 9:00 10;00 lUIO 12:00 SlJNDAY MONDAY TOBSDAY WEDNESDAY lHURSlJAY PlUnAY SA~=J 'J l'IME lilt 11 BY ~;ft_ 'l1ME ,Ai' TIU .1,' . 11 ...~ ,,. H I-~ r" Il..., f :~:7.tJ. ;~J"'''' z.~ro . " !f- 'If ""~, JI7 '2~.'r J. .", .., ',;l 'U i I ~~ft1? .'U -=-sr"., I '-!l: L ' Ii"" 1111 , tV.,.. . . ~Q 11-. <"J.t,'y 'F 12_;~ . :1l7 ~a1 ~ '"l\ I/(I- '~: 1117/ :JC; ::II'YI 'R.-""" KU H1~ Df(' ~ ~... I' o~ 'II. ~ .u, I B ""' ~, 'M ~ } ;;)9 '"' I' 11\0\ ' ~, i'~ i (' ~ u~;v:, 'I ''''', ~Ilo '~d \, '" '11'\ Ii,. ',L r\ 11:1)"'1<0 'nD . If' I\..J !il. , .:J.O un I~' 1~:O:::> 1<<1 :m fM'! , ~ v PM' l:OO 2:00 "01) ......,j:00 5:00 6:00 1;00 8:00 9:00 10:00 11:01) 12:00 SUNDAY MONDAY 'tIME BY TIME Y '''{:a'lIf'I IJ'f\I Nil 1.>1 ''I..- f :/" -Trt flA .. " Ilf IRL :t," """-!:MII:i'1 'hi ,:';,t. IJI'IJ --1 i>b i"'l~~^ J.>;(", J ,f~g '~.B;~.' ,.~ ;.~ I if"'.i';: , 10:.. j l ,0 I\' :IU, lIlt- rl2..()&1 II I ,. , '1_ '.e; 11IBS:PAV TIME BY i:IC 'LI'II ;:!.:nc .'1:1"'> "'101) WEJ)NESDAY 1Ill/1tSDAY 'ffME BY 't'fME BY 1\11I -11m .", . "':;:! It; ~l '..c <; o r>: rfj , ~ 2:.0 Q;J-<"" \":Y Ii! PRIDAY S;\:ruJU)AY TIME .\IY 1Thm 'BY 1:...1". t ~:<J~ r~'" ;)', ,. 2...:[ }_ m, ,~:" 3.'1 .'f\'R - ~'.r I I;tY J l.~~, '~'lk' ~l, '1(l -;')1,; Jl.4{... ~ '~~i::':"~ "~I ~,,;,~ ~lJl I~ !~ IIY'" .-z,' """9 1) JlazardoUll froor eondltions found during inspection "~e to be eOrJ'ected Imllledialely. , 2) Record. exad time l100r Inspeetioll is tomploted. 3) JdSpeetilln is to be tonduded !lOtiif)' by the illSpector Olllyl 4) File woli<sheet in Ooor inspedioa worksheet fold... weekly_ 5) Sell" Inspeelion worksheets to lbe Risk M....agemOJlI Department along witb Monthl;\" Safely Meeting nOles. s- / 1Ja~ i l'OIUd Molo Exhibit "e" --"~",,,~ -~ _._~~ , ' CERTIFICATE OF SERVICE I, Christina N, Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Pre-Trial Memorandum of Defendants was served tbis date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, Esquire IRWIN MCKNIGHT & HUGHES 60 West Pomfret Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO By ~')f-~ Christina N, Yost Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: January 10, 2003 -,-llJmiIe,,__ " 'I'. . , , ~ ~,-" ,- , ~ r'< . BETZI A. MORRISON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-~CIVIL TERM :;L~~O JURY TRIAL DEMANDED GIANT FOOD STORES, INC. and FALK US PROPERTY INCOME FUND, : Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the eourt your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. 1 c, -'-;,;,"_"'q'1?''',,",,1-,,,O";- - ,~~"._" ~c---I;"1,'i\",' ~_~=-_,_ _,' ~'" '. _ ,=",- _ __ -~~_, 'C, "'P',,_I~' <._,,,. , --~ 1 ._ 0__. _ BETZI A. MORRISON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, 2001-2849 CIVIL TERM GIANT FOOD STORES, INC. and FALK US PROPERTY INCOME FUND, : Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, this 18th day of June 2001 come the plaintiff, Betzi A. Morrison, by and through her attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendants, Giant Food Stores, Inc. and Falk US Property Ineome Fund: 1. The plaintiff is Betzi A. Morrison who is an adult individual residing at 26 Garden Parkway, Carlisle, Pennsylvania 17013, 2. The defendant, Giant Food Stores, Inc., is a eorporation with its offiees located at 1149 Harrisburg Pike, Carlisle, Pennsylvania, 17013. 3. The defendant, Falk US Property Income Fund, is a corporation or real estate partnership with its offices located 6 Adelaide Street East #310, Toronto, Ontario M5C lH6 Canada. 4. At approximately 12:15 p,m., on May 13,1999, the plaintiff was shopping at the Giant Food Store located at 255 South Spring Garden Street, Carlisle, Pennsylvania, 2 "" _.~.' .,-~ .e,'"",-,_ _"""", :,-,-, _'___"'~'""'I=.~" . _ '_',_" ~,~.,'~_._~I~_. "'_"_~'_I'~" . ~__~". .n_ . ~ . F " . _ ,.., f.' _" .,",,'r 5. The plaintiff entered the store and as the plaintiff was rounding the end of the isle near the Bucks County Coffee stand, she slipped and fell breaking her right hip, 6. The plaintiff fell on an area of the floor containing significant moisture which had been present for a significant period of tinle. COUNT I BETZI A. MORRISON V. FALK US PROPERTY INCOME FUND 7. The averments off act contained in paragraphs one (I) through six (6) of the Complaint are incorporated by reference and are made apart of this Count. 8. The defendant, Falk US Property Ineome Fund, is the owner and/or manager of the real estate loeated at 255 South Spring Garden Street, Carlisle, Pennsylvania in which the Giant Food Store is located. 9. The defendant eonstructed the building and failed to use flooring which did not become slippery when exposed to moisture. The defendant knew of or should have known that moisture on the floor created a high degree of risk to the large number of customer-invitees of which the plaintiff was one. 3 -'),<0__" --, ,,-' '_.',~?>> -:,.n"" ,- >eo', -:" .. '-"'''''''~-;;~"-I''---", "-' " "" -"'--~ I" ,.- ,'-T,' ",-!<' , I}, , , -~,'--" ".,~,-,," 1-' T- -= " 10. A large number of people had been injured on said floor prior to the date of the plaintiffs fall on May 13,1999. 11. The defendant knew or should have known of the dangerous condition which existed on the premises it owned which was oecupied by defendant Giant Foods, Inc. 12. The defendant had a duty to provide safe flooring within the food store premises which it new would invite a large amount of foot traffic and which would also have occasion to have moisture fall onto the floor from various activities within the grocery store. 13, On Friday, May 14,2001, Alan Mira, M.D. operated on the plaintiff to plaee three long screws in the plaintiffs broken right hip. 14. While a patient in the Carlisle Hospital following the surgery, the plaintiff developed pneumoma. 15, The plaintiff was hospitalized for approximately one week. Upon her release, she was limited to the use of a walker for six weeks and then crutches for an additional six weeks, She still walks with a cane. 4 ,-,';,'!:r -. . .",J'i';-,",,,,,'~~~"'c'~^'" - ''':"'-<~_'''--'''~ _'f.~"._"'o_')"_~"""_ ';"1_ __n~'" . - ,- ,-,~; ,-,_"',' ~"""'''~' ,"_ "', ,_~_I~;:,'\ - ., /" I'. .,c _-', ,- ,- ,-,,, ,- , ,--~,-" - . n_.~ F'_ "-f'. ~, ~,-,- .~,,~. '0' 0" ,., .' ,,-. - ~~ 16. She has developed permanent bursitis and eomplications from the scar tissues of the injury. 17. The injuries sustained by the plaintiff were the proximate eause of the negligence of the defendant, Falk US Property Ineome Fund. 18. The defendant was negligent in that it breaehed its duty of care to the plaintiff, Betzi A. Morrison, as follows: a. The defendant failed to use flooring which provided a safe footing even when moisture was present on the floor. b. The defendant failed to adequately manage or supervise the maintenance of the floor of the premises which became moist and very slippery resulting in injuries to the plaintiff. c. Failure to adequately warn the plaintiff of the slippery floors. d, Failure to adequately maintain the floor area upon which the plaintiff fell. e, Failure to remove the moisture from the floor which ereated the dangerous slippery condition. f, Failure to repair or replace the flooring despite the number of people injured by falling on said floor, g. Failure to adequately provide for the clean up of said moisture and the failure of any supervision to correct the problem. 5 :~~.^ - --- -,__::>;_",~<_~.".,",,,,,.^,y.,,. ~- - v, 4, _ ^,'": -"',I',:ro~.~-".- ._~,..,",_,,, ..' _,., C'. ,,_",,""""!"I.__ "A..ol',- -7'"....._ ,.~__ _ ,'.~', << . "',"'. "".' ~.-- .' ,,~ .u., F ~., - e''''' ~.""--~,-~,, ",~<,- "' 19. The plaintiff seeks damages for her lost income due to her injuries and for the medical expenses she incurred as a result of the fall on the defendant's premises, 20. The plaintiff seeks damage for her pain and suffering, the loss oflife's pleasures, permanent injuries, and her permanent scarring. WHEREFORE, plaintiff requests damages against the defendant, Falk US Property Income Fund, in excess of Twenty-Five Thousand and no/lOO ($25,000,00) Dollars together with the costs of this action and interest as permitted by law. COUNT II BETZI A. MORRISON V. GIANT FOOD STORES, INC. 21. The averments oHacts contained in paragraphs one (1) through twenty (20) of the Complaint are hereby incorporated by reference and are made a part of this Count. 22, The defendant, Giant Food Stores, Inc" leased the property from defendant Falk US Property Income Fund and had possession of the premises at least a portion of the time. 6 !': ,HI;! d__ , - - - <'(,J5",!,', " '---"~"" -- ,-0____ ','" \. '-I',') -'F~ _\.:-! ",,","',:,'.,,-.< __, ... < '''',-',r~:- ".-'1' ,: __ _,_c '''',-'''1'_',,'. ,_""" _,- :',~ ,_~""_"'~' __,C',' .~_~, '~'1''''''-'' 23. The defendant was negligent in that it breached its duty of care to the plaintiff, Betzi A. Morrison, as follows: a. The defendant failed to use flooring which provided a safe footing even when moisture was present on the floor. b. The defendant failed to adequately manage or supervise the maintenance of the floor of the premises which became moist and very slippery resulting in injuries to the plaintiff. c. Failure to adequately warn the plaintiff of the slippery floors. d. Failure to adequately maintain the floor area upon which the plaintiff fell. e. Failure to remove the moisture from the floor which created the dangerous slippery condition. f, Failure to repair or replace the flooring despite the number of people injured by falling on said floor, g. Failure to adequately provide for the clean up of said moisture and the failure of any supervision to correct the problem. 24. The injuries sustained by the plaintiff were caused by the negligence of the defendant as set forth above, 7 :?" . ~-- -, C", e, "":;'~'_:;U"__~_ '" -.-., ----J,_~"_- _ 'J"-r;'!","\ _,_-_,~_'.i'_-'''' "-""\-"'''',-,~-~ ,''e: ,,"!,_or,"", Co _~_ - "_.., ~ _,<,. .,. . ,_,_ ,,,., _ _0,',-0_"_ --,,~ ..- ---~-- -~ ~" . :"-' ~."'" ._, WHEREFORE, plaintiff requests damages against the defendant, Giant Food Stores, Inc" in excess of Twenty-Five Thousand and noli 00 ($25,000.00) Dollars together with the eosts of this action and interest as permitted by law. Respeetfully submitted, mwm'Mc:::lGHES By: Mareus ~. McKnight, sqUIre 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D, No, 25476 Attorney for plaintiff Date: June 18,2001 8 -,-~ '---' '''''';')"l'.:,';,}~"t'!j"''q'~.~," '_':1,':,:' .-c;',f.- - ." -~'~I""" ""'~~-_...' ,', ,_ '_~.-'_>~ __,_" '-" ,<:'.1""'-'_ __" ,"j"'-:';"I~ --- _ ',-, "_,,. <'Co-<"""'_"__"'"'_ ,- -~ ,< -.. <-", .."' - --'''''- ,'-"" ~ :'1' ,'-. ~~-."- VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action, I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subjeet to the penalties of 18 Pa, C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: June 18, 2001 "~:' /'~'.""!" ,-~'v,'-,'-.-'';-~-'~ -""'~""''''''- '-',,, , "_'_.-'I~'.___ .- c .- , ~~-~,_,," ~-"---' 1'-.,' '~,~""!--I''- .- -; -'~~'- .- .- ~.., -''''''-''--'-'',-'0', .- ',>' r'., ';!'iJ'l ~ ,- - BETZI A. MORRISON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-2849 CIVIL TERM GIANT FOOD STORES, INC. and FALK US PROPERTY INCOME FUND, : Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A, McKnight, III, Esquire, hereby eertifY that a copy of attached Complaint was served upon the following by depositing a true and correet copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 Falk US Property Income Fund 6 Adelaide Street East #310 Toronto, Ontario M5C lH6 Canada IRWIN, MeKN HT & HUGHES By: Mar A. Me 60 West Pomfret Carlisle, P A 17013 (717) 249-2353 Supreme Court LD. No. 25476 Date: June 13, 2001 9 . '.o','7~"'''''.""",_o, ~'o , '-"'" '~''7'''-'__'___,_, """" 1-' ." -<"" . 7'0 '0, I<""-'Y"""'r,, , ,,~- ""'?"'''-~ ,.,< ~~" ~, ,.. .-, ,,' , --~;~ --'~ " ,. , .'. a c::.-"/ / "". L/) ,'I' 'lX , !1~~ ~-=,.- ,,-' '""~-,-I ., -w '"' ~'_"" 11" 1!. ~ ',; ,~. .-!',""" ",~, ''''' -, ' "'-,,.'~<\-;, ~,\~'~"p~" -.,a";,trJ:;;;~f':":"t',J;\"i~)TI'r~Jtiilt~rn:I~T" TI ''''''''r''~ "frT'-'~f(.f1~ Q Cj (; ,-. ?i:t: ?,~ '1 -',.., -- , " 0:i_1>" c::; ~t~~- , , " -'(;1 ~~C:- - ZCi '):;: -c: !:'" ~ ., J ~~.1 '0. ero :n -< ..1lIlI'J _~ ~_ ._"""'_ ~~~!,1'f~~~-<-~F~-., ~_, ,j~~liI,'!lWPl!l,~,.,,, '~7',~-', ' "";''',",~' :~"I"""'''~'~_: ~~ .. llETZI A. MORRISON, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. CJI- ,;)g;-Y'tJ ~ GIANT FOOD STORES, INC, and FALK US PROPERTY INCOME FUND, DEFENDANTS PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, Giant Food Stores, Inc, and FaIk US Property Income Fund, and enter my appearance on behalf of the plaintiff, Betzi A. Morrison Please direct the Sheriff to serve the defendants as follows: Giant Food Stores, Inc, 1149 Harrisburg Pike Carlisle, P A 17013 Falk US Property Income Fund 6 Adelaide Street East #310 Toronto, Ontario MSC IH6 Canada ' Respectfully submitted, IRWIN, Mc By: Date: May 10,2001 Marc A. McKnight, III, Esquire 60 WestPomfret Street, Carlisle, PA 17013 (717) 249-2353 - Supreme Court J.D. No: 25476 To: GIANT FOOD STORES, INC. and FALK US PROPERTY INCOME FUND You are hereby notified that Betzi A, Morrison, plaintiff, has commenced against you which you are "",",. '-m. dd>W<_..,," """"_'_ ~~ By: Date: ~ 10.2001 DEPUTY ';")i,~~,,~., ,~',_', _,',.'"_M~ ~~. ",~, ",r_~,'"'N",""_",,',,._ ___~_'_.I,_',_"_,~ ,,_~,'~_'_._ ._ ,__~ "_,~,' ~.., ".0'._ _ ~. \\-':1 , "-,,1 " ~ ,-~- oed ,- ~ ,_~_..__<_", _"""'''''''_'"~~.YJ'"'''C-''-~''~"''P;,,,,"=,'-''-~~,.,_ ... ~QbR ~ "- --, s; 'P ...... c e:! -- " "_I ~ ~ ,,", ~ ,)V ~^' t ~\ U"\I '-.l' ) V\ ~ C "'. "'mrnrr'1lf\' '-~ (() (') l.--:i (") C ",1 <' ....:... -0 (I , :,;;;.:~ rn f~~. "'< " z r:; 2: r:" r-:-1 0' '--. (~ , ;:::; ~~ () ~ C ~v 'T, .. C ,".o-'~ ..--, "'- r' '..' j; t..,_" ........-; ,~, , " c-: ~ 2: ~ ~ =< ,,-ci-J (y, =< "",< -,., <~,.- ~_ <0' ",\tI_i\.i"r:l)~~I!l'i~~'~'il~~~!II'~IlI~.~I;tIII"~'IUll~~~_.~_, _JNiIi F:\FlLES\DA TAFILB\Macdoc,cur\130-ans.1/mah Created: OS/21/01 04:46:50 pM Revised: 07/17f0102:01:22PM 9500.130 BETZI A. MORRISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, Ol-ZS4DCIVIL ACTION - LAW GIANT FOOD STORES, INC, and FALK US PROPERTY INCOME FUND, Defendants JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER TO: BETZI A. MORRISON, Plaintiff, and her attorney, MARCUS A. McKNIGHT, III, ESQillRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1. After reasonable investigation the answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, 2. Denied as stated, To the contrary, Defendant's correct corporate designation is currently Giant Food Stores, LLC which is a successor in interest to Giant Food Stores, Inc. 3. Admitted. 4. Denied pursuant to PA. R.C.P. 1029(e). 5, Denied pursuant to PA. R,C,P. 1029(e), 6, Denied pursuant to PA. R.C.P. 1029(e). COUNT I BETZI A. MORRISON V. FALK US PROPERTY INCOME FUND 7. The averments of paragraphs I through 6 of this answer are hereby incorporated by reference. 8. It is admitted that the Falk US Property Income Fund is the owner of the real estate located at 255 South Spring Garden Street, Carlisle, Pennsylvania in which the Giant Food Store is located. It is denied that it is the manager of that real estate. To the contrary, at the time of the incident Giant Food Store, Inc. leased the property and was in possession and control of the premises. _t0Tc,~. ",. n, ,_"_~, _____, ""_~. .-,-. ,"q--,,-'- ._ _m_. 9. Denied as stated, To the contrary, the building located at 255 South Spring Garden Street, Carlisle, Pennsylvania was constructed according to specifications supplied by Defendant Giant Food Stores, Inc. The remaining averments of this paragraph are denied pursuant to P A. R,C.P. 1029(e), 10-20, Denied pursuant to PA. R,C,P. 1029(e), WHEREFORE, Defendant, Falk US Property Income Fund, demands judgment in its favor and dismissal of Plaintiff's Complaint with prejudice, COUNT n BETZI A. MORRISON V. GIANT FOOD STORES. 1Ne. 21, The averments of paragraphs 1 through 20 of this answer are hereby incorporated by reference. 22. Admitted that on May 13, 1999, Defendant Giant Food Stores, Inc, leased the property and had possession of the interior of the premises known as Giant Food Store. 23. Denied pursuant to PA. R.C,P, 1029(e), 24, Denied pursuant to PA. R.c.P. 1029(e), WHEREFORE, Defendant, Giant Food Stores, Inc" demands judgment in its favor and dismissal of Plaintiff's Complaint with prejudice. NEW MATTER 25, The averments of paragraphs 1 through 24 of this answer are hereby incorporated by reference. 26, Plaintiff's injuries and damages, if any, were caused or contributed to by persons or entities not presently parties to this litigation. LLIAMS & OTTO Attorneys for Defendants' Giant Food Stores, Inc, and Falk US Property Income Fund Dated: July 17, 2001 'f.:"W! ",," "r 'J._ ~'r, T' _ ,~ _ 'r ',,",' '" ~~ m~' VERIFICATION TIMOTHY REARDON, who is Vice President-Risk Management and Support Services of Giant Food Stores, LLC and acknowledges that he has the authority to execute this Verification in behalf of Giant Food Stores, LLC certifies that the foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Answer is that of counsel and not my oWn, I have read the document and to the extent that the Answer is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer is that of counsel, I have relied upon counsel in making this Verification, This statement and Verification are made subject to the penalties of 18 Pa. C,S, Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties, F:\FILES\DA T AFILE\Macdoc.Cllr\130-ans.! , '''''"'J!I"H'lf _. .~. ",. " '1 '-~ I. , .._~~ ~~ f i... "'''"1''''.. ,"""'" ~,,- -I ,~ .-~ ~ .-~.~-- '" ~. ." '" '" '" "".." ..., fill ''''TnnHl[')ifii''j)' iiECE'VF~ JUt 1 0 2001 "\ /i r)\f\li' " ,., ~~~llll1IlMli~t'I:'-"~"'~1-~;\'''<''i~;<;\'Lo<l~';:1T~':e;f,t'':o",,:,,>,-r''i<'''%f""'~~,\<l!l~~if,i!'Jj}~;Wt!i~!/-~-;j~!l!,"r~Fa~mi,fR~f.U;1ii ~..i , , t CERTIFICATE OF SERVICE I, Melinda A. Hall, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendants' Answer to Plaintiff's Complaint with New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013-3222 MARTSON DEARDORFF WILLIAMS & OTTO BytJV\d~dll 0, ~ Melinda\A. Hall Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 17, 2001 -'-",,!~~ ,-,_f'.' ",'"_ _'." ,,' - 'I --""]~ -, 1-' 'r~, ,'-'E>'_ ,~, " - ~ " IN THE'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MORRISON Vs, NO, 012840 GIANT FOOD STORES INC CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena{s) for documents and things pursuant to Rule 4009.22 GEORGE FALLER, ESQUIRE certifies that: 1, A Notice of Intent to Serve the Subpoena{s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena{s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3, No objection to the subpoena(s) has been received, and 4, The subpoena{s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s), Date: 09/11/01 GEORGE FALLER, ESQUIRE MARTSON DEARDORFF WILLIAMS TEN EAST HIGH STREET CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC, 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 File #: M277827 By: Jacqueline Ciarrocchi -;~""!'l1<~"WI ,"'C,'-' -'" r I . r' -r --I ,_. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MORRISON Vs. GIANT FOOD STORES INC No, 012840 TO: MARCUS MCKNIGHT NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena, If no objection is made the subpoena may be served, Date: 08/03/01 GEORGE FALLER, ESQUIRE MARTSON DEARDORFF WILLIAMS TEN EAST HIGH STREET CARLISLE, PA 17013 ATTORNEY FOR DEFENDAN't'. INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET ' PHILADELPHIA, PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi Enc(s): Copy of subpoena(s) Counsel return card File #: M277827 ~,~~, - - """ -,.,~'~"'~'" , , ""''1''''''- I ,~ -. -, ." ~ \ I" -~r. _ 'I ~" ~, ~- CClMM)NWEALTH OF pENNSYLVANIA a:xlNl'Y OF a.JMBERIAND MORRISON VS. File No. 012840 GIANT FOOD STORES INC SUBPOENA TO PROOXE l'JIXU1EtITS OR TH I NGS FOR D I so::lVERY PURSUANT TO RULE 4009,22 DR RICHARD HALLOCK, 875 POPLAR CHURCH RD, CAMP HILL PA 17011 TO: (Name of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doct.ment.-; "SEitin~..nACHED ADDEi'ol1>UM at MEDICAL LEGAL REPRODUCTIONS'(A~~ess1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested h, this subpoena, together with the certificate of carpliance, to the party making thi~ request at the address listed above, You have the right to seek in advance the reasonablE cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving thh ~;ubpoena may seek a court orde" o:l1lJelling you to c:arply with it. TH I S SUBPOENA WAS NAl'E : AOORESS: ISSUED AT THE REQUEST OF THE FOLlCWING PERSON: GEORGE FALLER, ESQ MARTSON DEARDORFF WILLIAMS TELF.PI-KlNE: SUPREI-E COJRT I D # ATTORNEY FOR: CARLIGLE, rA 17013 215-335-3212 49813 , DEFENDANT G:5/.:J 1/01 DATE: ~;;;..;,,~ , (. :2-$b1 ea I of the Court BY THE CXlURT: (1,.,.-1-;., {( ~a'f'" Prothonotary/C er , Civi 1 ~u-Q. ~ Division M277827-03 DepUty (Eff. 1/97) ~~ . ADDENDUM TO SUBPOENA MORRISON Vs. No, 012840 GIANT FOOD STORES INC CUSTODIAN OF RECORDS FOR: DR RICHARD HALLOCK ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: BETZI A MORRISON ADDRESS: 26 GARDEN PKWY CARLISLE PA DATE OF BIRTH: 01/19/35 SSAN: 186286073 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN . COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ( RECORDS X-RAYS ) PATIENT BILLING ) RECORDS / XRAYS have been destroyed Authorized signature for DR RICHARD HALLOCK Date M277827-03 *** SIGN AND RETURN THIS PAGE *** CXMoDNWEl\LTH OF PENNSYLVANIA cOOm'Y OF QJMBERI1\ND MORRISON Vs. Fi Ie No. 012840 GIANT FOOD STORES INC SUBPOENA TO PRocxx:E lXX:U1ENTS OR lli I N<3S FOR DISCOVERY PURSUANT TO RULE 4009. 22 DR WILLIAr1 PHELAN, 2 TYLER CT, CARLISLE PA 17013 TO: (NaTe of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!': osEitinl\1:'TACHED ADDENDU1VI at MEDICAL LEGAL REPRODUCTIONS'(1~~~ss1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested hI this subpoena, together with the certificate of carpliance. to the party making thi~ request at the address listed above, You have the right to seek in advance the reasonablE cost of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serv~ce, the party serving thin ~;ubpoena may seek a court orde;' cx:rrpelling you to carply with it. lH I S SUBPOENA WAS N#E: ADDRESS: ISSUED AT lliE REQJEST OF THE FOLLOr'IING PERSON: GEORGE FALLER, ESQ MARTSON DEARDORFF WILLIAMS C~LIGLE, r~ 17013 215-335-3212 TELF.PH:)NE: SUPRB-E ro.JRT 10 # ATTORNEY FOR: 49813 DEFENDANT M277827-02 on'?4!Ol DATE:,:1,~. p",,: ~ I.. JooI Sea I of the Court Division Deputy (Eff. 7/97) ;.~" ,,~~ ," '.' _ '_q """,-;;'j[O-,O,;_ _ . Co . _,' , "'-'~I',-W,-' , rx~ ''''^,'o.1 , ADDENDUM TO SUBPOENA MORRISON Vs, No. 012840 GIANT FOOD STORES INC CUSTODIAN OF RECORDS FOR: DR WILLIAM PHELAN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: BETZI A MORRISON ADDRESS: 26 GARDEN PKWY' CARLISLE PA DATE OF BIRTH: 01/19/35 SSAN: 186286073 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. -- ----- --- --- ---- - -- - - --- -------...---- - -- RECORD CUSTODIAN - COMPLETE AND RETLJRN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced, [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ( RECORDS X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Authorized signature for DR WILLIAM PHELAN Date M277827-02 U* SIGN AND RETURN THIS PAGE *u ":" "',' '~,~"" " "--""~,, ~ ~ ",~ . -r",r-"., - t'-'_I 1- ," "~-".J- , .~ OOMMJNl'W\LTH OF PENNSYLW\NIA o:lUNl'Y OF ~ MORRISON VS. File No. 012840 GIANT FOOD STORES INC SUBPOENA TO PRCOL:CE DOCU1EtITS OR TH I NGS FOR D I SeXlVERY PURSUANT TO RULE 4009,22 7!' DR WILLIAr~ PHELAN, 2 TYLER CT, CARLISLE PA 17013 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent" "SEftin}\TTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS,(INC, {940 DISSTON ST., PHILA., PA Address) You may deliver or mail legible copies of the documents or produce things requested h, this subpoena, together with the certificate of carpliance, to the party making thi" request at the address listed above, You have the right to seek in advance the reasonablE cost of preparing the copies or producing the things sought, If you fail (20) days after carpe 11 i ng you to to produce the docunents or its serv~ce. the party carp1y with it. things required by this subpoena within twenty serving 'thi<; s;ubpoena may seek a court orde;' THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAME, GEORGE FALLER, ESQ ADDRESS: MARTSON DEARDORFF WILLIAMS CARLI OLE , rA 17013 TELF.PH::lNE : SUPREM:: o::uRT I D # ATTORNEY FOR: 215-335-3212 49813 DEFENDANT on/....A.'l12. DATE:, Jr ~ a,: : i., J.6d1 Sea 1 of the Court BY THE CClJRT: (',,,-t,; (? k.~ ti ' Prothonotary I k. Civil Yr- f2 lJA.,pp", Mr7 Oivision M277827-02 DepUty (Eff. 7/97) , ADDENDUM TO SUBPOENA MORRISON Vs. No. 012840 GIANT FOOD STORES INC CUSTODIAN OF RECOR.DS FOR: DR WILLIAM PHELAN ANY AND ALL OFFICE RE~9RDS, . INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: BETZI A MORRISON ADDRESS: 26 GARDEN PKWY' CARLISLE PA DATE OF BIRTH: 01/19/35 SSAN: 186286073 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE, RECORD CUSTODIAN . COMPLETE AND RETlJRN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced, [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Author~zed signature for DR WILLIAM PHELAN M277827-02 *** SIGN AND RETURN THIS PAGE *** )~ Z5 110 ~ ~:Il!WIII!Ii! "'~~~ , ~'1-~ 'I'" ",- " "C'" """M'WC'"'"" ",,,W,"","W '''="TIITimUlli W . r --Tll'1lT . 0 c:> C :;;..-:t>-' \Jcli 'i' ".,,,; Cnn-'-,1 ":;J -- , L:',(' 2::r-- "" ~)::;" \-0 ....: \-.~} ~() :",..1 ,.k.., -0 ::',:1 ~'f~ Z(> :.D 5>~':' ,~- ;':o~ L" Z ~:~ -~ :'-3 -< r',,-, -< J"F ~,. """,-,_.k'n~"'1'~!!lNII!M~I4'f""ii'4,;:;~,,"'~"-'.J,"^',;"""[i'!''''''W;'''''w-,--''-0 fJ''';'''';'''~'-'''_~J.i,i!~~,X"'_'0'';;'~~o ~f-,'[;,F""i;-^-~)-:'~?"fi1i'q;\,j~niilf#,~.jiW v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~a<6'fO 2001-l849-CIVIL TERM BETZI A. MORRISON, Plaintiff GIANT FOOD STORES, INC. and FALK US PROPERTY INCOME FUND, : Defendants JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW, this 3rd day of October 2001 comes the Plaintiff, Betzi A. Morrison, by her attorneys, Irwin, McKnight & Hughes, and makes the following Answer to New Matter of the Defendants: 25, The averments offact contained in paragraph one (1) through twenty-four (24) of the Plaintiff's Complaint are incorporated by reference and are made a part of the Answer to paragraphs twenty-five (25) of the New Matter of the Defendants. 26. The averments of fact contained in paragraph twenty-six (26) of the New Matter are within the sole knowledge ofthe Defendants. They are therefore denied and proof thereof is demanded. 1 , '!"",!, '-",-< ,. 'p,:f~-;;!f'-~"'I",~:l,"L~_'_'_"!"~'l"'%-",_,"_H -'!""~?-'''N ,_,__, WHEREFORE, the Plaintiff respectfully requests damages against the Defendant, Giant Food Stores, Inc, in excess of Twenty Five Thousand and no/lOO ($25,000.00) Dollars together with the costs of this action and interest as permitted by law, Respectfully submitted, By: Mare . MeKnight, III, 60 W t Pomfret Street Carlisle, nnsylvania 17013 (717) 249-235 Supreme Court LD. No. 25476 Attorney for Plaintiff, Betzi A, Morrison Date: October 3, 2001 2 ,,'1_,' ,__.",.0 VERIFICATION The foregoing Answer to New Matter is based upon information which has been gathered by counsel and myself in the prepa'ration of thisraction, I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements h~rein made are subject to the penalties of 18 Pa, C.S,A. Section 4904, relating to unsworn falsification to authorities, Date October 3, 2001 3 f:;'? '::~ - . .' '--~~, ;'{"-,>,,,:::~"l\'rF!~h~~f- Co< C"'~'"<''' ',: :~~~ -1,"""0, "i-~- ,">,""ZW'[ ,nl~__ c___,~_~_ 1"'_ - ""1" ._'''1:<- " -~," "',...~,_,,-"~_~"",_., ~""'.' " ''0'.1.,,- - - "". _,~ ,,,__.. _,", ~_ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BETZI A. MORRISON, Plaintiff v. 2001-2849 CIVIL TERM GIANT FOOD STORES, INC. and FALK US PROPERTY INCOME FUND, : Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certifY that a copy of attached Answer to New Matter was served upon the following by depositing a true and correct copy ofthe same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: George B. Faller, Jr., Esq, Martsoh, Deardoff, Williams & Otto Ten East High Street Carlisle, P A 17013 IRWIN, MeKNIGHT & HUGHES By: Date: October 3,2001 I I I -L1~ 4 - -'-',:=v",,,,,-:,"~,,",,,~,,"_j!,,,_ ~~,,~-1__ "0.,-"", ~, ~ ~ ~ . ~ . - ~~ -. ~-- ~ "" 'I' , ~_ ~_,lJl!.1i\'i! ," H _ -,' '-~""" ~-~- '-',,",-,", ,,! - 0'''"",-~'- .,N," ",,'- ,<-." ',' '-',-'.' -,', ",', IF~'~I'" "f "'jUj.~'~'1I"H -, ~--,' ~' r' r 0 ,:Jt C; ~~ -, D -, L,:" - -, c' rn -.., j-'.- I iT1 ...:.- ~ l,.:~: (I) e.:' ~, r:- \.. .-- " -._~ .-'-~ s.::'~ C. r,...) ,"" '- --.-, "'~ '."-, _.,.1 ~o -< (::) --( :ma_~-W~~~!jlf"~_~~!1'!!I~~~i1J1J~~~"~"""~'_""'~1"' _',_' SHERIFF'S RETURN - U.S, CERTIFIED MAIL CASE NO: 2001-02840 P COMMO~EALTH OF PENNSYLVANIA CbUNTY OF CUMBERLAND MORRISON BETZI A VS. GIANT FOOD STORES INC ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,FALK US PROPERTY INCOME FUND by United States Certified Mail postage prepaid, on the 11th day of May ,2001 at 0000:00 HOURS, at 6 ADELAIDE STREET EAST #310 TORONTO ONTARIO M5C 1H6 CANADA, , a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by NEVER RECEIVED RETURN CARD on 00/00/0000 Additional Comments: Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 6.00 2.99 ,00 10,00 .00 18.99 ~ , Thomas Kline Sheriff of Cumberland County Paid by IRWIN MCKNIGHT & HUGHES on 10/03/2001 . Sworn and subscribed to before me this ;/ q; day of (p~ c2~A.D. ~hoq;/::f~, ~ ~1"~_~Pi<!!/il~ . ~ - I"' , SHERIFF'S RETURN - REGULAR CASE NO: 2001-02840 P ,. ~bMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORRISON BETZI A VS GIANT FOOD STORES INC ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GIANT FOOD STORES INC the DEFENDANT , at 1526:00 HOURS, on the 11th day of May , 2001 at 1149 HARRISBURG PIKE CARLISLE, PA 17013 by handing to HAVEN FISH, LEGAL ADMIN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: r~~~~ R, Thomas Kline Sworn and Subscribed to before 10/03/2001 IRWIN MCKNIGH~HES By: ~ Deputy Sheriff "'- me this II - day of {JeLL.. ,~I A.D. ~ 0 Yl.t~~.I: . IF Prothonotar ""'f"',"", PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: k (Check one) { x for JURY trial at the next term of civil court. for trial without a jury, . CAPTION OF CASE (entire caption must be stated in full) (check one) Assumpsit BETZI A, MQRRISON, Trespass (Plaintiff) Trespass (Motor Vehicle) SLIP & FALL (other, ( xl vs. GIANT FOOD STORE, INC. and FALK US PROPERTY INCOME FUND, The trial list will be called on January 7, 2003 and Trials commence on Februarv 3. 2001 (Defendantl Pretrials will be held on J anuarv 15. 2003 (Briefs are due 5 days before pretrials. I vs, (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel. pursuant to local Aule 214-1,) ),'joID No. ~ Civil W_~OOl Indicate the attorney who Will try case for the party who files this praecipe: George B. Faller, Jr" Esquire Indicate trial counsel for other parties If known: Marcus A, McKnight, Esquire -------- Print Name: Es uire This case IS ready for trial. Signed: ,,~~.~ ~ ~ "~-, p ;G, &; 1::;1 'IP (~i i i I -- "~- - ~~'."" " ,~' "" "~,~>>=' "'''N . '''',-,'' _',~'~~-"",,""~" *'~~~,,~-,- "-'r"1' C~.~. ~"", ,,,, '. ""1 '"",';~I""-'" ,.;" - " Tllfi~~n1' C) 0 0 C r...., "n ;;"I'" "'VQ; t::) (J m__ mm ~..... ,}:1 --;>"...,... ......... ~ '.- ;2: , - r-.) ---~ ,'" ~ (l".>' ~ (n ~, -<::-::, -.~;.is~ r:::: c , ).C; :"::~ -,'" " c ~_.'" ,'~:-; :-:J ~~~ c' ~? }> e [;::) ,--\ -? ~~ <- ::<, ~.,,, 5:1 ....j .< . "=!1?l.I'li!!'W;. _""",,_~~~:'f~,,""1"'l'~f~;>ll/UIf\\f~'!/~'''1'm'~~~-(-,Ji'''W''':''fW''';-'''';''''%''Y',-~'" ';"'i;""~,,',"i'M~F",tR''"ffl'li';?;m\!lqWU'.:!;;:Tf~':ii;,,,.~~-lIi'iI[~r-(~~ w~ BETZI A. MORRISON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2849- CIVIL TERM GIANT FOOD STORES, INC. and FALK US PROPERTY INCOME FUND : Defendants CML ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013, Respectfully submitted, Mareus . Me t, III, 60 West P et Street Carlisle, ennsylvania 17013 (717) 2 -2353 By: Date: August 5, 2003 Ii""'" . "' , .' '-'1"_."''';' ~ ,_ "" ,0 ,-,-''i:' "_,_', ..,. .,,,,,""!,t~,,,~ __~'~n, .^'" '" _. _.c~~.< _=< ___~_ ,,_.e ". ,_c__~ '''"''' " BETZI A. MORRISON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2849- CIVIL TERM GIANT FOOD STORES, INC. and FALK US PROPERTY INCOME FUND : Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certifY that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: George B. Faller, Jr., Esq. MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 By: areus A. eKnight, 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court LD, No. 25476 Date: August 5, 2003 i I I i , 1',-' ~- ~,--,_"~;q;1""..,,,,___~"'N_~=_'i'_,~'_"'~o"_~'"_' '.. ~_,~'- ",0.. --"."."=<. ,- ,,"__ i., C'-' r,,-~" 'iL' '/.:fJ '\ jI<~, I I'" " H<" ~". s. .q!I!\III!..,.>\ ." " ,."Oc'< '~.,.c> l'"~" --,'';'';'0'''- N'" ;;-,,,.,o;~-,j,:;'lj~,.imniJ'~'."""~-"""'<il~ll)fu1:~L't""rl""M () C ? Vro mn'. ~~' ~t', ~r~" Z --1 -< '::.,. (.0 "'" ~ .7'> I c;; o .'n '-'f -, "Gl~.g <'It'!') :" C;J ~.tJ .J r-. 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